To be found disabled, you must be able to
prove that you cannot perform any of your past work and any other work. You
also must show that your disability is expected to last for at least 12
months or result in death.
SSA makes it easier to be found disabled as you get older. It becomes easier
people at age 50, for most people at age 55, and even more people at age 60.
If you’re over age 55 and you cannot do any job you have done in the past 15
years, you should definitely apply. If you’re over age 50 and have a severe
impairment that keeps you from doing all but the easiest jobs, you ought to
apply.
But you can still be found disabled even if you're a younger person. If
you’re under age 45 or 50 and you cannot do your past jobs and you cannot
work full time at any regular job, that is enough to get disability
benefits.
It is important to know that being unable to work and being found "disabled"
by the Social Security Administration (SSA) are two different things. It is
often difficult to convince SSA that someone is "disabled" even when they
genuinely cannot work. But it is not impossible.
If you really cannot work, apply for social security disability benefits.
And keep appealing denials if you cannot work.
How can I tell if I will be found disabled by
Social Security?
Unless your disability is catastrophic
(such as terminal cancer, a heart condition so bad that you are on a heart
transplant waiting list, total paralysis of both legs, etc.), there is no
easy way to tell if you will be found disabled by Social Security. Attorneys
familiar with Social Security disability can make predictions about who will
win and who will lose, but even they can never be absolutely sure. You
should make the decision about whether to file for Social Security
disability based upon your own belief about your condition. If you feel that
you are disabled and are not going to be able to return to work in the near
future, you should file for Social Security disability benefits. If denied,
you should consult with an attorney familiar with Social Security disability
to get an opinion about your case. If you would like to discuss your case
with one of our attorneys, you can call our office or
fill
out our online evaluation form. We would be happy to schedule an
appointment for a free consultation.
Who decides if I am
disabled?
After you file your application, the case is sent to a disability
examiner at DDS. This individual, working with a doctor hired by DDS, makes
the initial decision on the claim. If the claim is denied, the next step is
to request a hearing. Then the case is sent to the Office of Hearings and
Appeals in Denver. The case is sent to an Administrative Law Judge who works
for Social Security. The Administrative Law Judge makes an independent
decision on the claim.
What can I do to improve the chances of
winning my Social Security disability claim?
Be honest and complete in giving
information to Social Security about your disability. SSA will consider most
of the problems that keep you from working.
The most important thing that you can do
is appeal the initial denial and hire an experienced
person to represent you. It is important to appeal because most claims
are denied at the initial level, but are approved at higher levels of
review. It is important to hire an experienced person to represent you
because you may not fully understand the way Social Security works.
Statistically, claimants who higher an attorney to represent them are much
more likely to win than those who are not represented.
How long do I have to wait after becoming
disabled before I can file for Social Security disability benefits?
Not even one day. You can file for Social Security disability benefits
on the very same day that you become disabled. Many people make the mistake
of waiting months or even years before filing a claim. If you suffer from a
serious illness or injury and expect to be out of work for a year or more do
not delay in filing your claim.
I am still on sick leave from my employer. Can
I file for Social Security disability now or do I have to wait until the
sick leave is exhausted?
You do not have to wait until the sick leave is used up. You should file
for Social Security disability benefits now, if you believe that you will be
out of work for a year or more.
I got hurt on the job. I am receiving Workers’
Compensation benefits. Can I file a claim for Social Security disability
benefits now or should I wait until the Workers’ Compensation ends?
You do not have to wait until the workers’ compensation ends and you
should not wait that long. You can file a claim for Social Security
disability benefits while receiving workers’ compensation benefits. It is
best to file the Social Security disability claim as soon as possible
because otherwise there may be a gap between the time the Workers’
Compensation ends and the Social Security disability benefits begin.
Just be aware that your workers' compensation carrier may be able to take an
offset for your Social Security benefits.
I am disabled, but I have plenty of money in the bank.
Do I have to wait until this money is gone before I apply for Social
Security disability benefits?
No. If you are applying for SSDI, Disabled Widow’s or Widower’s benefits
or Disabled Adult Child benefits, it does not matter how much money you have
in the bank. There is no reason to wait to file the claim.
If you are applying for SSI, there are limits on the value of assets you can
own, so any property, cash, stocks, etc. that you own may prohibit you from
receiving SSI benefits.
Can I receive Social Security disability benefits for
the disease or condition I have?
In almost every case, the answer is the same - "Maybe. It depends upon
how badly you are affected by the disease."
Almost without exception, the mere fact that you have a certain disease
does not guarantee that you either will or will not be found disabled. It
all depends upon how sick you are.
Our lawyers handle all types
of claims for Social Security Disability - Social Security Disability
Insurance, Supplemental Security Income,
children's Supplemental Security Income. We also handle appeals - to the Appeals Council and Federal Court.
If you want to speak to a lawyer in Colorado
Springs about
your Social Security disability case, you have several
options-you can fill out our online
Social Security evaluation form,
call
us, or
e-mail
us, and a Colorado Springs attorney will evaluate your case for FREE.
We
have many clients from around Southern Colorado including Alamosa, Buena Vista, Colorado
Springs, Durango,
Salida, Lamar, La Junta, Pueblo and Walsenburg.
We have helped thousands of people just
like you get the benefits they deserve.
